26 1. Employer-provided educational assistance (sec. 127). 2. Group legal services (secs. 120, 501(c)(20)).. 3. Health insurance deduction for self-employed (sec. 162(1)). 4. Mortgage revenue bonds and mortgage credit certificates (secs. 143, 25). 5. Qualified small-issue manufacturing bonds (sec. 144(a)). 6. Foreign allocation of R&D (secs. 861(b), 862(b), 863(b), 864(f)).. 7. Research and experimentation tax credit (sec. 41) 8. Low-income housing tax credit (sec. 42). 9. Targeted jobs tax credit (sec. 51). ... -0.1 -0.2 -0.3 -0.4 -0.5 -1.5 10. Business energy tax credits for solar and geothermal property (sec. 48(a)). (1) (1) (1) (1) (1) -0.2 Provision 1992 1993 1994 1995 1996 1992-96 (3) (3) (3) (3) (3) (3) 2. Placed-in-service date for nonconventional fuels production credit (sec. 29) -0.1 -0.3 -0.6 -0.9 - 1.9 3. Excise tax on certain vaccines for the Vaccine Injury Compensation Fund (sec. 4131). B. 1992 Expiring Tax Provisions 1. Access to tax information by the Dept. of Veterans Affairs (sec. 6103). 1 Loss of less than $50 million. 2 Loss of less than $10 million. This provision does not affect Federal tax receipts, but does result in a decrease in budget outlays. Because the budget effect associated table. with this provision was not credited to the tax-writing committees in the Omnibus Budget Reconciliation Act of 1990, it is not shown in this Source: Joint Committee on Taxation. 27 PART IX. FREQUENTLY ASKED QUESTIONS CONCERNING THE FEDERAL INCOME TAX [CRS Report for Congress, 89-623 A, November 17, 1989] SUMMARY This report addresses some of the frequently asked historical, constitutional, procedural, and legal questions concerning the Federal income tax. The constitutional questions include a discussion of: Congress's taxing power; the difference between a direct and an indirect tax; Fifth Amendment protection against self-incrimination and tax returns; Fourth Amendment protection against unreasonable searches and seizures and tax collection practices; Thirteenth Amendment protections against involuntary servitude and tax withholding, Equal Protection and Due Process questions; and the legality of the ratification of the Sixteenth Amendment. Other questions addressed include: whether title 26 of the United States Code is positive law; the taxability of wages; the voluntary or involuntary nature of the income tax; what is meant by the income tax "being in the nature of an excise tax;" when was the Internal Revenue Service established; what is the "Liberty Amendment;" the use of the revenues raised through the Federal tax on telephone usage; taxation without representation; the repeal of the original withholding act; and the frivolous tax return penalty. This report is an update and revision of CRS Report by Howard Zaritsky entitled Some Constitutional Questions Regarding The Federal Income Tax Laws: issued as report 79-131, dated May 25, 1979; updated by Mr. Zaritsky as report 80-19, January 17, 1980; and updated again by John R. Luckey as report 84-168, September 26, 1984. (331) TABLE OF CONTENTS 1. WHAT SPECIFIC LIMITATIONS ON THE POWER OF CONGRESS ΤΟ TAX ARE FOUND IN THE CONSTITUTION? 2. IS THE FEDERAL INCOME TAX A DIRECT OR INDIRECT 3. WHAT DOES THE COURT MEAN WHEN IT STATES THAT 1 2 5 5. DO TAXPAYERS HAVE THE RIGHT, UNDER THE FIFTH 8 6. IS TITLE 26 OF THE UNITED STATES CODE (INTERNAL 9 9. DO THE INTERNAL REVENUE SERVICE'S COLLECTION 10. DO SUCH ASPECTS OF THE FEDERAL INCOME TAX AS 14 17 11. HAS THE WITHHOLDING ACT BEEN REPEALED (VICTORY TAX ACT QUESTIONS)? 18 12. WHEN WAS THE INTERNAL REVENUE SERVICE ESTABLISHED AND WHERE DOES IT GET ITS POWER TO TAX? 13. WHAT IS THE LIBERTY AMENDMENT? 18 18 14. IS THE FEDERAL TELEPHONE EXCISE TAX USED TO FUND THE MILITARY? 19 15. DOES WITHHOLDING ON WAGES CONSTITUTE INVOLUNTARY SERVITUDE IN VIOLATION OF THE 19 16. ARE NOT INDIVIDUALS WHO ARE TOO YOUNG TO VOTE 17. MAY CONGRESS TAX OCCUPATIONS OF COMMON LAW RIGHT? 18. WHAT IS THE FRIVOLOUS INCOME TAX PENALTY? |